Commentary

132 Assignment by the contractor

BUILDING AND ENGINEERING vol 5
| Commentary

132 Assignment by the contractor

| Commentary

132 Assignment by the contractor

The contractor’s rights to payment under the construction contract may be assigned by way of legal or equitable assignment unless the contract prohibits this1. Such an assignment may cover instalments of the contract price which have already been earned2, instalments to be earned in the future3 and retention money4. An employer who, with notice of an assignment, nonetheless pays the money to the contractor will be liable to pay it again to the assignee5. However, the assignee is in no better position than the contractor, and

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